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Savvy lenders are aware that state statutes of limitations can impact their rights to enforce delinquent loans. It will also come as no surprise that the pandemic’s two-year enforcement delay, coupled with the foreclosure moratoria, pre-pandemic repayment agreements,...
For purposes of federal jurisdiction, no harm means no foul. As early as Marbury v. Madison (1803), the Supreme Court recognized that the function of the courts, and not Congress or the Executive, is to redress the grievances of individuals, but that the jurisdiction...
In my prior blog post on the subject, I discussed the Tiger Lily ruling of the U.S. Court of Appeals for the Sixth, which invalidated the CDC’s eviction moratorium for the states covered by that federal court – Ohio, Kentucky, Michigan, and Tennessee. Similar cases...
The Consumer Financial Protection Bureau (CFPB) has resolved a lawsuit against a debt collection enterprise and its owner. Bureau of Consumer Financial Protection v. Fair Collection & Outsourcing, Inc., D.C. Maryland No. 8:19-cv-02817. The CFPB alleged that the...
The Consumer Financial Protection Bureau (CFPB) has amended RESPA Reg. X, concerning mortgagees’ early intervention and loss mitigation requirements, by granting significant new rights to homeowners exiting mortgage loan forbearance or experiencing payment hardship...
In a lawsuit filed by residential property owners and managers, a panel of the U.S. Court of Appeals for the Sixth Circuit held, on July 23, 2021, that the CDC lacked authority under the Public Health Service Act to impose a nationwide eviction moratorium. Tiger Lily...